Analysis Of The Crime Of Non-sunshine Deposit Of Interest Subsidies

Deposits in recent years,the number of "missing" case caused the high attention of public opinion,and this kind of "deposit" missing cases related to deposit of interest subsidies,"discount interest savings" business is a bank in order to meet the requirements of the LDR stimulus deposits a "gray" business,and it is due to the occurrence of this kind of business,an opportunity to criminals,evolving out of the "sunshine deposit of interest subsidies" business."sunshine deposit of interest subsidies" happens in state-owned commercial Banks or local influential Banks,generally due to honour,and the amount is especially huge,the serious influence our country finance security and bank credit as a whole.This article mainly explains the crime of "non-sunshine deposit of interest subsidies" and the composition of crime,and combing the cases and clarifying the role crimes,so as to help the public security organs to handle the cases.The text is divided into four parts.Deposit of the first part,from the "sunshine deposit of interest subsidies" and "non-sunshine deposit of interest subsidies" two types,this paper expounds the definition,causes and characteristics of smes to deposit,combed the related theory of system,the case in the judicial practice in recent years are summarized in the qualitative.Deposits of the second part,"non-sunshine deposit of interest subsidies" that has always been the victim of the focus of the prosecuting and defending parties in the dispute case,based on the comparison of the criminal law and civil law "possession" and "all",and concludes that the ownership of the "deposit",for the specific charge of the personnel involved in the consolidate the foundation.Whether there is a flaw in the victim's behavior does not affect the establishment of the crime.The defect size only affects the responsibility size and division in civil relations.The third part analyzes how the gang members constitute a common crime throughthe study of common behaviors and common intentional aspects of common crimes.The fourth part elaborates on the type of "non-sunshine deposit of interest subsidies",which is the relationship between the crime and the crime.On the basis of the theory of "triangle fraud",the research results of "non-sunshine deposit of interest subsidies" constitute fraud crimes.Need intermediary bank staff and funds according to their own subjective intent and specific in "sunshine deposit of interest subsidies" plays the role of the distinction between,and connecting with the accomplice theory,further specific charges involved related role is determined.